Hans Kelsen Constitutional Democracy and Political Philosophy

Hans Kelsen is known as one of the leading legal and constitutional theorists of the 20th century. His work in political theory, which was in large part devoted to the justification and defense of constitutional and parliamentary democracy, is less well known. This volume presents nine of Kelsen's most important writings on democracy, originally published from 1920 to 1937, that were so far unavailable in English translation. A wide range of key themes in democratic theory are explored, including the ideological basis of democracy and the role of the values of freedom and equality in the justification of democratic political order, the history of democratic thought, and the relation between democracy and the rule of constitutional law. Consideration is also given to the role of parliamentary institutions and political parties, the pluralist character of modern democracy, the proper design of electoral systems and other democratic institutions, and the problem of political representation. Kelsen's contributions to democratic theory also engage critically with challenges to democracy in the interwar period, both from the left and from the right. As contemporary populist challenges to constitutional democracy gain traction, Kelsen's arguments are more poignant than ever, making this book a must read for anyone concerned with the development of democratic ideas.